WSR 02-21-045

EMERGENCY RULES

DEPARTMENT OF

     FISH AND WILDLIFE

[ Order 02-259 -- Filed October 11, 2002, 5:28 p.m. ]

     Date of Adoption: October 11, 2002.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900F; and amending WAC 232-28-619.

     Statutory Authority for Adoption: RCW 77.12.047.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: Large numbers of hatchery steelhead are expected to return to the Ringold Springs Rearing Facility (6,200) and above Priest Rapids Dam (20,000). Only a relatively small number of returning hatchery steelhead are needed for hatchery production and spawning escapement objectives. Therefore, the excess hatchery steelhead are available for harvest. The recreational fishery will reduce the proportion of hatchery origin steelhead contributing to the adult spawning escapement, thereby minimizing impacts to wild steelhead returning to the upper Columbia River. This will increase the proportion of wild and hatchery crossed with wild steelhead on the spawning grounds and improving the natural production potential in the upper Columbia River Basin. NOAA Fisheries approves of these fisheries. There is insufficient time to promulgate permanent rules.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Immediately.

October 11, 2002

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900R   Exceptions to statewide rules -- Okanogan River, Similkameen River and Methow River and Columbia River.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m., October 12, 2002, until further notice it is unlawful to violate the following provisions in the following waters:

     (1) Columbia River from Highway 395 bridge at Pasco to the Old Hanford townsite wooden power line towers upstream of Ringold Springs Rearing Facility - Open for hatchery steelhead until further notice except only adipose and ventral fin-clipped hatchery steelhead may be possessed, adipose fin-clipped only hatchery-origin steelhead must be released. Release steelhead with disc attached.

     (2) Columbia River from Priest Rapids Dam to Rocky Reach Dam - Open through October 15 for salmon. Daily limit six salmon, not more than two of which can be adult salmon. Release sockeye and coho.

     (3) Columbia River from Rocky Reach Dam to Wells Dam and Highway 173 Bridge at Brewster to Highway 17 Bridge at Bridgeport. Open through October 15 for salmon.. Night closure. Daily limit six salmon, not more than two of which may be adult salmon. Release sockeye and coho.

     (4) Columbia River from Rocky Reach Dam to Chief Joseph Dam - Open until further notice. Night closure. Daily limit may contain up to two hatchery steelhead. Release steelhead with disc attached.

     (5) Methow River - Mouth upstream to the confluence with the Chewuch River. Open until further notice. Selective gear rules except it is lawful to fish from motorized vessels. Night closure. Daily limit may contain up to two hatchery steelhead. Release steelhead with disc attached.

     (6) Okanogan River - Open until further notice except closed from Zosel Dam downstream to one-quarter mile below railroad trestle. Selective gear rules except lawful to fish from motorized vessels. Night closure. Open to salmon fishing from mouth to Highway 97 Bridge through October 15. Daily limit six salmon of which not more than two may be adult salmon. Release sockeye and coho. Daily limit may contain up to two hatchery steelhead. Release steelhead with disc attached.

     (7) Similkameen River mouth to 400 feet below Enloe Dam - Open November 15 until further notice. Selective gear rules. Night closure. Daily limit may contain up to two hatchery steelhead. Release steelhead with disc attached.

[]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900F Exceptions to statewide rules -- Columbia River. (02-204)

© Washington State Code Reviser's Office